Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
Posted on Jun 9, 2014 in Construction | Comments Off on Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
The Indiana Court of Appeals affirmed a trial court’s grant of summary judgment to a general construction manager of a project after concluding the construction manager owed no duty of care to a subcontractor’s pipefitter. The worker was injured when he fell through a sheet of composite wood referred to as an “OSB board” that had been laid across a void on a temporary walkway. The...
Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial
Posted on Jun 6, 2014 in Construction, Energy/Environmental, Product Liability | Comments Off on Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial
The Supreme Court of Mississippi yesterday upheld a jury’s $250,000 compensatory damages award in favor of a worker for exposure to a chemical company’s asbestos-containing products used to increase the viscosity of drilling mud. The court, however, reversed a $500,000 punitive damages award and remanded the case for a new trial to determine the appropriate amount of punitive...
Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
Posted on Jun 6, 2014 in Construction, Investigations, Transportation | Comments Off on Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
The Supreme Court of Virginia reversed a judgment in favor of an autopilot system manufacturer in a case involving consolidated wrongful death actions arising from a small airplane crash. In the court’s opinion that was released yesterday, the court concluded that an accident investigation report should not have been admitted into evidence pursuant to the learned treatise exception of...
Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
Posted on Jun 4, 2014 in Construction, Litigation, Product Liability | Comments Off on Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
In a products liability action over recalled prosthetic hip implants, nineteen plaintiffs from Virginia and Mississippi filed claims in Indiana state court. The defendant manufacturer argued that the forum was inappropriate because the medical procedures to install the prosthetics were all conducted in Virginia or Mississippi, all Plaintiffs resided in Virginia or Mississippi, and the...
Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
Posted on Jun 4, 2014 in Construction, Product Liability, Transportation | Comments Off on Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
In a putative class action brought against a car manufacturer for fraud and breach of warranty claims in fifteen states, the U.S. District Court for the Northern District of California denied the manufacturer’s motion to dismiss with respect to most claims. The case alleges that the manufacturer’s navigation/entertainment system, which allows for control of multiple car functions...
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